RESOLUTION 89-19720 RESOLCTION NO. 89-19720
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A SECOND AMENDMENT
TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY
OF MIAMI BEACH AND THE FLORIDA DEPARTMENT OF
NATURAL RESOURCES CONCERNING NORTH SHORE OPEN
SPACE SAVE OUR COAST PROJECT.
WHEREAS, on or about October 14 , 1987, the City and the State
of Florida entered into a Memorandum of Agreement wherebythe City
y
would donate the property known as North Shore Open Space Park and
six (6) blocks of land on the west side of Collins Avenue to the
State of Florida for public recreation purposes in perpetuity and
the parties would work towards the completion of North Shore Open
Space Save Our Coast project; and
WHEREAS, on or about January 18 , 1989, the Miami Beach City
Commission approved and adopted Resolution No. 89-19510 which
authorized the Mayor and City Clerk to execute an amendment to the
original Memorandum of Agreement which outlined the distribution
of funds derived from parking meter collections, parking meter
enforcement, parking meter collection and maintenance, and the
obligation to secure and pay for title insurance; and
WHEREAS, a Second Amendment to the Memorandum of Agreement is
needed to clarify the City' s obligations regarding the vacation and
discontinuance of portions of 80th, 83rd, 84th and 86th Streets.
WHEREAS, the City Manager recommends the execution of a Second
Amendment to the Memorandum of Agreement between the City of Miami
Beach and the Florida Department of Natural Resources concerning
North Shore Open Space Save Our Coast project; and
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk
are authorized to execute the Second Amendment to the Memorandum
1
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of Agreement between the City of Miami Beach and the Florida
Department of Natural Resources concerning North Shore Open Space
Save Our Coast project.
PASSED and ADOPTED this 6th day of September
1989. //'
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MAYOR
ATTEST:
CITY CLERK
FORM APPROVED
LEGAL DEPARTMENT
Date: �/1�/Y,7
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ref: 5/NSOSSAV2 .RES
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
,
COMMISSION MEMORANDUM NO. <A149
September 6, 1989
DATE:
TO: Mayor Alex D.• • • and
Members ► the City Commi . on 0
FROM: Rob W. Par • Vtr _dal. %
City Manager
SECOND AMENDMENT TO THE MEMORANDUM OF
SUBJECT: AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE FLORIDA DEPARTMENT OF
NATURAL RESOURCES CONCERNING NORTH
SHORE OPEN SPACE SAVE OUR COAST PROJECT
Background:
On October 14 , 1987, the City of Miami Beach and the State of
Florida entererd into a Memorandum of Agreement whereby the City
would donate the property known as North Shore Open Space Park, and
six (6) blocks of land on the west side of Collins Avenue, to the
State of Florida for public recreational purposes in perpetuity.
The parties agreed that they would work toward the completion of
the North Shore Open Space Save our Coast Project.
On January 18, 1989, the City Commission of the City of Miami Beach
approved and adopted Resolution No. 89-19510 authorizing the Mayor
and the City Clerk to execute and amendment to the original
Memorandum of Agreement which outlined the distribution of funds
arrived from parking meter collections, parking meter enforcement,
parking meter collection and maintenance, and the obligation to
secure, and pay for, title insurance.
Current Status:
A second Amendment to the Memorandum of Agreement is needed to
clarify the City' s obligations regarding the vacation and
discontinuance of portions of 80th, 83rd, 84th and 86th Streets.
In the event that a court of competent jurisdiction ever declares
or rules that the vacation proceedings, instituted by the City of
Miami Beach on February 15, 1989, pursuant to Resolution No. 89-
19541, are invalid or defective, the City agrees to take all
reasonable measures to reinstitute the vacation proceedings for the
purpose of removing any alleged defect. This obligation, on the
part of the City of Miami Beach, does not render the City liable
for any loss, damage, claim or injury arising of any such defect.
The State of Florida hereby agrees to hold the City of Miami Beach
and its officers and employees harmless regarding any such loss,
damage, claim or injury.
ADMINISTRATION RECOMMENDATION:
The Administration recommends the execution of a second Amendment
to the Memorandum of Agreement between the City of Miami Beach and
the Florida Department of Natural Resources concerning North Shore
Open Space Save our Coast Project. 71
RWP:WHH:blb
Attachments AGENDAR_------Li___
ITEM
CI
DATE q _, ,) - g
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, made this 29th day of November ,
1989 , by the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal
corporation, hereinafter called "Grantor" and the BOARD OF TRUSTEES
OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA,
whose post office address is c/o Florida Department of Natural
Resources, Division of State Lands, 3900 Commonwealth Boulevard,
Room 412 , Tallahassee, Florida 32399, hereinafter called "Grantee" :
WITNESSETH: That the Grantor, for and in consideration of
the sum of Ten and 00/100 ($10. 00) Dollars and other valuable
consideration, receipt whereof is hereby acknowledged, has granted,
bargained, and sold to the Grantee, its successors and assigns, all
of the following described property located in Miami Beach, Dade
County, Florida:
PARCEL A
BLOCKS 19 AND 20, CORRECTED PLAT OF ALTOS DEL MAR NO. 1,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 31, AT
PAGE 40, PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
PARCEL B
BLOCK 17, CORRECTED PLAT OF ALTOS DEL MAR NO. 1, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 31, AT PAGE 40, PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, TOGETHER WITH, BLOCKS 14 AND
15, ALTOS DEL MAR SUBDIVISION NO. 2 , PLAT BOOK 4 , AT PAGE 162 ,
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
PARCEL C
BLOCKS 1, 2, 3 , 4 , 13 , 14 , 15 AND 16, ALTOS DEL MAR NO. 1,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 31, AT
PAGE 40, PUBLIC RECORDS OF DADE COUNTY, FLORIDA, TOGETHER
WITH, BLOCKS 2 , 3 , 4 , 5, 6, 7, 8 AND 9, ALTOS DEL MAR
SUBDIVISION NO. 2 , PLAT BOOK 4 , PAGE 162 , PUBLIC RECORDS OF
DADE COUNTY, FLORIDA AND ALL THAT PORTION OF STREETS 80TH,
81ST, 82ND, 83RD, 84TH, 85TH AND 86TH, BOUNDED ON THE WESTERLY
SIDE BY A LINE 30. 00 FEET EASTERLY OF THE CENTER LINE OF
COLLINS AVENUE AND ON THE EASTERLY SIDE BOUNDED BY THE
BULKHEAD LINE ESTABLISHED BY THE CITY OF MIAMI BEACH, AND
TOGETHER WITH THAT PORTION OF ATLANTIC WAY BOUNDED ON THE
NORTH BY A LINE 25. 00 FEET SOUTHERLY OF THE CENTER LINE OF
87TH STREET AND BOUNDED ON THE SOUTH BY A LINE 25.00 FEET
NORTHERLY OF THE CENTER LINE OF 79TH STREET.
PARCEL D
LOTS 1, 2 , 3 , 4 , 5 AND 6, BLOCK 13 , ALTOS DEL MAR, SUBDIVISION
NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4,
AT PAGE 162 , PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
PARCEL E
THAT PORTION OF LAND BOUNDED ON THE NORTH BY A LINE 25. 00 FEET
SOUTH OF THE CENTER LINE OF 87TH STREET PROJECTED EASTERLY;
BOUNDED ON THE SOUTH BY A LINE 25. 00 FEET NORTH OF THE CENTER
1
LINE OF 79TH STREET PROJECTED EASTERLY; BOUNDED ON THE EAST
BY THE EROSION CONTROL LINE AND ON THE WEST BOUNDED BY THE
BULKHEAD LINE.
ESTABLISHMENT OF EROSION CONTROL LINE AND BULKHEAD LINE AS
PER DATA SHOWN IN PLAT BOOK 105, AT PAGE 62 , PUBLIC RECORDS
OF DADE COUNTY, FLORIDA.
SUBJECT TO:
1. Rights-of-way, easements and covenants and Agreements of
record, if any now exist, affecting the above described
premises, but any such interests that may have been terminated
are not hereby reimposed.
2 . Any right, title or interest in the above described
premises that Grantee has at the present or may have had prior
to the date of this conveyance.
TO HAVE AND TO HOLD, the same in fee simple.
AND the Grantor hereby covenants with the Grantee that the
Grantor is lawfully seized of said land in fee simple; that the
Grantor has good right and lawful authority to sell and convey said
land, that except as noted above that at the time of delivery of
this deed the premises were free from all encumbrances made by it,
and Grantor hereby warrants the title to said land and will defend
the same against the lawful claims of all persons claiming by,
through or under the Grantor, but against none other.
It is agreed and understood by and between the Grantor and
Grantee, and the Grantee by its acceptance of this deed, and does
covenant and agree for itself, and its successors and assigns,
forever, that the above described property shall be used and
maintained for public recreational purposes for which it was
conveyed in perpetuity.
IN WITNESS HEREOF, the Grantor has caused these presents to
be executed in its name and on its behalf this 2601- day of
1\‘Q‘;e.A <Z.'r" , 19 '\.
CITY OF MIAMI BEACH, a Florida
WITNESSES: municipal corporation
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- ,., ,/ VICE-MAYOR
FORM APPROVED ____. )
ATTEST:
LEGAL DEPT.
at/t-
By __...
CITY CLERK
Date �..__ 2 4
STATE OF FLORIDA)
) ss
COUNTY OF DADE )
On this 2- day ofN\tQe_voLeA/ , 103 before me,
personally appeared Abe Resnick, Vice-Mayor of the City of Miami
Beach, a Florida municipal corporation, and Elaine Matthews Baker,
City Clerk of the City of Miami Beach, a Florida municipal
corporation and known to me to be the same persons described in and
who executed the foregoing instrument aforesaid, as the act and the
deed of the City of Miami Beach, duly designated, empowered and
authorized to do so and they acknowledged that they executed the
foregoing instrument for and on behalf of the City of Miami Beach,
for the purpose and uses herein described.
My Commission Expires:
- - " E-T-e:Nrcvz
NOTARY PUBLIC STATE OF FLORLDA NOTARY PUBLIC STATE OF FLORIDA
NY COMMISSION EXP. APR.1i ,1,;C2
BONDED MU GL«EHAL ins. LJUD.
Prepared by: Office of the City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7470
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SECOND AMENDMENT TO THE MEMORANDUM OF AGREEMENT
BETWEEN
CITY OF MIAMI BEACH
AND
FLORIDA DEPARTMENT OF NATURAL RESOURCES
CONCERNING
NORTH SHORE OPEN SPACE SOC PROJECT
WHEREAS, the City of Miami Beach ( "City" ) , and the Board of
Trustees of the Internal Improvement Trust Fund of the State of
Florida on behalf of the State of Florida, Department of Natural
Resources ( "State" ) entered into a Memorandum of Agreement on
October 14 , 1987 whereby the City and the State agreed to work
toward the completion of the North Shore Open Space SOC Project,
and
WHEREAS, the City and State entered into an Amendment to the
Memorandum of Agreement on January 18, 1989 outlining duties and
responsibilities for parking facilities at North Shore Open Space
SOC Project , and
WHEREAS, a second amendment to the original Memorandum of
Agreement was requested by the State to clarify a point regarding
the vacation and discontinuance of portions of 80th, 83rd, 84th and
86th Streets .
NOW, THEREFORE, the City and State do hereby agree as follows :
1 . Paragraph 3 of the "Memorandum of Agreement between the
City of Miami Beach and Florida Department of Natural Resources
concerning North Shore Open Space SOC Project" which reads :
3 . Transfer of the property is to include the
closing off of the portions of 80th, 83rd, 84th
and 85th Streets that pass through the proposed
parking areas and the closing of a portion of
76th Street will be negotiated in the future .
Shall be replaced, revised and superseded by the following :
3 . Transfer of the property is to include the
closing off of the portions of 80th, 83rd, 84th
and 86th Street that pass through the proposed
parking areas and the closing of a portion of
76th Street will be negotiated in the future.
2 . In the event that a court of competent jurisdiction ever
declares or rules that the vacation proceedings instituted by the
City of Miami Beach on February 15 , 1989 , pursuant to Resolution
No. 89-19541 are invalid or defective, the City agrees to take all
1
reasonable measures to re-institute vacation proceedings for the
purpose of removing any alleged defect ; provided however , that this
obligation on the part of the City of Miami Beach shall not render
the City liable for any loss, damage, claim or injury arising out
of any such defect , and the State of Florida hereby agrees to hold
the City of Miami Beach and its officers and employees harmless
regarding any such loss, damage, claim or injury.
3 . Except as expressly set forth herein, the Memorandum of
Agreement and Amendment to the Memorandum of Agreement shall remain
in full force and effect and are hereby ratified and confirmed as
of the date of this Agreement .
The Second Amendment to the Memorandum of Agreement is agreed
upon and entered into upon this day of ,
1989 .
( SEAL)
STATE OF FLORIDA
WITNESSES: DEPARTMENT OF NATURAL RESOURCES
_-- _-- _ __.____------------------------__�__---
Ellison E. Hardee
Acting Director
Division of Recreation & Parks
( SEAL)
CITY OF MIAMI BEACH, FLORIDA
MAYOR
ATTEST:
CITY CLERK
FORM APPROVED
LEGAL DEPARTMENT
,3+/-
Date: /0/;d6//j/7
JLM/rlw
10/18/89
REF: 5<NORTHSH4 .AGM
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.„, . .
. ._. , .
CITY Or MIAMI BEACH
1
TO: John Morrow
DATE: 10/24/89
FROM: Elaine M. Baker
City Clerk
SUBJECT: Second amendment to the memorandum of agreement
between the City of Miami Beach and the Florida
Department of Natural Resources concerning North
Shore 0en Space Save Our Coast Project.
Enclosed are 3 copies of the above-noted agreement,
together with a copy of the authorizing Resolution
. ;
No. 89-19720 which have been executed by the City.
- - -
Please forward all copies to the appropriate
official for signature, with the request that
the blue-backed copy be returned to the
attention or mercy Williams in this office.
Would you also please copy her on your letter
of transmittal.
401 .
She will subsequently forward a fully executed
..
set to you for your files.
.
Thank you.
,
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ORIGINAL
RESOLUTION NO. 89-19720
Authorizing the Mayor and City Clerk to
execute a Second Amendment to the Memo-
randum of Agreement between the City of
Miami Beach and the Florida Department of
Natural Resources concerning North Shore
Open Space Save Our Coast Project.